The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. According to the evidence submitted by the prosecutor, the fact that the defendant committed assault by misunderstanding the victim's body was pushed down, thereby destroying the victim's body to the bottom.

Nevertheless, the judgment of the court below which acquitted this part of the facts charged is erroneous.

B. The sentence of the lower court that is unfair in sentencing (200,000 won) is too unhued and unreasonable.

2. Determination

A. (1) The lower court found the Defendant not guilty of this part of the facts charged on the grounds that there is no other evidence to acknowledge it, on the grounds that the statement made by the victim at an investigative agency and the court of the lower court falls short of credibility, and the remaining evidence submitted by the prosecutor are insufficient to acknowledge this part of the facts charged, based on the reasons stated in its reasoning.

(2) The lower court’s judgment is justifiable in light of the following: (a) the circumstances acknowledged by the evidence duly adopted and examined by the lower court; (b) L/C witnessed in the face of the Defendant and the victim before the toilet; (c) the lower court stated that “the Defendant and the victim sleeped with each other in the court of the lower trial on the basis that “the Defendant and the victim sleeped in the toilet and did not have any fact that the Defendant sleeped the victim (95 pages of the trial record).”

In addition, according to the evidence duly adopted and examined by the court below, the defendant was in charge of cleaning the toilet of this case from around 2008, and the victim wanted to be in charge of cleaning the toilet of this case on behalf of the defendant and frequently filed a civil petition at the Bupyeong Eup/Myeon office of this case. The victim was in the toilet of this case with a tool to repair the toilet of this case being cleaned by the defendant. Accordingly, the defendant and the victim came to be purb.